Updated July 22, 2024 to include 2024 Q2 data and trends.

Pierce Atwood's Class Action Defense group is pleased to present this New England and First Circuit Class Action Tracker, which focuses on the filings and decisions in state and federal courts within the boundaries of the First Circuit in New England. With decades of national class action experience and offices in every First Circuit state, our goal is to serve as a primary resource for companies that face class litigation in Massachusetts, Maine, New Hampshire, and Rhode Island, as well as to provide timely information about significant class action developments, strategies, and trends on a national level. For in-depth analysis and discussion, visit our blog First Class Defense. For questions on the information presented in this tracker, please contact Melanie Conroy at 617.488.8119 or mconroy@pierceatwood.com.

First Circuit Class Action Filing Trends

In the first two quarters of 2024, there were 220 total state and federal class action filings in the New England courts within the bounds of the First Circuit. This total represents a sustained trend of increased class action filings in New England class action from prior years.

New England Class Action Filings by Year - State and Federal

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From 2019 through 2023 state and federal court class action filings in New England displayed a U-shaped trend, with an average of 374 new cases per year. Pre-pandemic filings in 2019 totaled 419, dropping to an average of 345 filings per year in the 2020-2022 period that was defined by the COVID-19 pandemic. Filing rates rebounded in 2023 to the highest level observed in recent memory, with a total of 413 filings. In 2019, filing trends were driven by a surge in state-court filings but in 2023, new filings were focused in federal courts. Total class action filings in 2023 exceeded the average of these prior high points, with a 24% increase in filings over 2022. These trends are observed when excluding transferred multidistrict filings that, if included, would have brought the 2023 total to 613. In the first half of 2024, total state and federal court class action filings in New England are on pace to outstrip even the high-water mark of 2023, with 220 new filings to date, driven by an increase in federal court filings.

2024 New England Class Action Filings by Case Type - Federal

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Federal class action cases in New England filed in the first half of 2024 reflect an ongoing onslaught of cybersecurity and data privacy litigation arising from data breaches and the alleged unauthorized disclosure and/or use of consumer information, including TCPA claims. There were also significant levels of cases based on labor-related claims on behalf of employees, followed by consumer fraud and product liability claims, and then claims relating to securities fraud and employee retirement funds.

2024 New England Class Action Filings by Industry - Federal

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Federal class action cases in New England filed in the first two quarters of 2024 have primarily targeted the professional services, healthcare and retail/manufacturing industries, particularly in connection with cybersecurity and data privacy class action litigation. There were also significant levels of filings that targeted defendants in the technology and biotech/pharma services industries. 

New England Class Action Filings by Court - Federal

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^{*Note that the 2023 and 2024 federal filings in the District of Massachusetts does not include the hundreds of cases that were transferred and consolidated into the lead case In re: MOVEit Customer Data Security Breach Litigation (1:23-md-03083) pursuant to the transfer order from the Judicial Panel on Multidistrict Litigation dated October 4, 2023 transferring all listed actions to the District of Massachusetts and assigning them to Judge Allison D. Burroughs for consolidated pretrial proceedings.}

The overwhelming majority of federal class action cases in New England filed in the first two quarters of 2024—over 80%--were filed in the District of Massachusetts, followed by the District of Maine, and then with lower levels of filings in the District of Rhode Island and District of New Hampshire. This trend is consistent with prior years.

New England Class Action Filings by Court - State

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The vast majority of state court class action cases in New England filed in the first two quarters of 2024—over 90%--were filed in the Commonwealth of Massachusetts, with no class action filings in Rhode Island state courts in 2024 thus far and similar filing rates in the other state courts. This trend is consistent with prior years.

Sources: Westlaw, Courthouse News Service